STATE OF WASHINGTON 2018 ANNUAL REPORT PUBLIC RECORDS EXEMPTIONS ACCOUNTABILITY COMMITTEE “SUNSHINE COMMITTEE” Governor Jay Inslee Sen. Dean Takko Chair, Senate Local Government Committee Attorney General Bob Ferguson Rep. Frank Chopp State Auditor Pat McCarthy Speaker of the House Secretary of State Kim Wyman Rep. Pat Sullivan House Majority Leader Lt. Governor Cyrus Habib President of the Senate Rep. J.T. Wilcox House Minority Leader Sen. Mark Schoesler Senate Republican Leader Rep. Zack Hudgins Chair, House State Sen. Sharon Nelson Government, Elections & Senate Majority Leader Information Technology Committee Sen. Sam Hunt Rep. Sherry Appleton Chair, Senate State Government, Tribal Chair, House Local Relations & Elections Committee Government Committee PUBLIC RECORDS EXEMPTIONS ACCOUNTABILITY COMMITTEE “SUNSHINE IN GOVERNMENT” November 15, 2018 SUMMARY The Public Records Exemptions Accountability Committee (Sunshine Committee) met four times in calendar year 2018 to review and discuss the following exemptions: Agriculture and Livestock Exemptions: RCW 90.64.190 – Information from Livestock Producers RCW 42.56.610 – Information from Dairy Feedlots RCW 42.56.380(10) – Results of Animal Disease Tests RCW 42.56.380(11) – Records of International Livestock Importation RCW 42.56.380(12) – Records of Prohibited Agricultural Products RCW 15.19.080 – Information Regarding Ginseng Sales and Production RCW 16.65.030(1)(a) – Information in Public Livestock Market License RCW 49.70.119(6)(a) – Pesticide Records Fish and Wildlife Exemptions: RCW 42.56.430(1) – Commercial Fishing Catch Data RCW 42.56.430(2) – Sensitive Fish and Wildlife Data RCW 42.56.430(5) – Identifying Information in Recreational or Commercial Licenses RCW 42.56.430(6) – Information Deemed Confidential by Magnuson-Stevens RCW 42.56.430(3) – Wolf Depredation RCW 42.56.430(4) – Wolf Depredation RCW 71.12.885 – Predatory Wolf Wildlife Infractions Juvenile Victim/Witness Exemptions: RCW 42.56.240 – Information Regarding Child Victims of Sexual Assault RCW 10.97.130 – Information Regarding Child Victims of Sexual Assault RCW 7.69A.020(8) – Identifying Information of Child Victim RCW 7.69A.030(4) – Information Regarding Child Victims and Witnesses Religious Affiliation: RCW 42.56.235 – Information Regarding Religious Beliefs Voter and Election Exemptions: RCW 29A.56.670 – Information in Nominating Petitions RCW 29A.32.100 – Voter Pamphlet Arguments RCW 29A.92.100(3) – Secrecy of Vote 1 stakeholders. The Committee received testimony from public agencies and numerous interested parties, The review and discussion of these exemptions involved notice to the public and direct outreach to specific This review process resulted in recommendations, contained in this report, which are designed to achieve as well as extensive briefing by staff and Committee members, and considerable Committee discussion. disclosure. statutory clarification and the protection of important privacy interests while ensuring appropriate public In summary, the Committee’s 2018 recommendations are to amend the following voter and election exemptions and juvenile victim/witness exemptions, fully described below: RCW 29A.56.670, RCW 29A.92.100(3), RCW 7.69A.020(8), RCW 7.69A.030(4), RCW 10.97.130 and RCW 42.56.240(5). The Committee also recommends that the Legislature consider adopting the various other recommendations made by the Committee over the past several years, including but not limited to those introduced in the 2017 legislative session in HB 1160/SB 5418. In 2019, the Committee anticipates it will continue its review of several other exemptions it began to agriculture and livestock, and juvenile law, amongst others. discuss in 2018, in particular those related to the categories of information concerning fish and wildlife, HISTORY OF THE COMMITTEE established the Committee to review all public disclosure exemptions, and make recommendations to the The Committee was created by Substitute House Bill 5435 in 2007 (codified in RCW 42.56.140). The bill for sunset review at a future date, or terminated. The Legislature stated that in light of the changing nature ofLegislature information as to technology, whether each record-keeping exemption shouldand the be increasing continued number without of modification, public disclosure modified, exemptions, scheduled periodic review of public disclosure exemptions is needed to determine if exemptions continue to serve the public interest. Further information about the Committee and its work is available to the public on the Internet at http:// www.atg.wa.gov/sunshine-committee. The Committee posts its agenda for each meeting on the website, and when available, the video of the meeting is also posted. In addition, the website invites citizens to join a listserv, so they may receive notification when new material is posted. website for the Committee contains links to the TVW website or the recording so that the public can view previousTVW, the meetings.state’s public affairs television broadcaster, has filmed or recorded most of the meetings, and the As required by the Legislature, the Committee has adopted and published criteria for reviewing exemptions. A copy of the Committee’s criteria is available on the Committee website. August. A Schedule of Review is used by the Committee to organize its review activity. This schedule currentlyThe Committee contains receives over 500 an updated items and list is of posted exemptions on the fromCommittee’s the Office website. of the Code Reviser each year in The Committee recognizes the importance of public comment and will continue to provide notice to the citizenry of the Committee’s meeting agendas in order to encourage citizen participation and comment. establishing the Committee. The Committee receives staff assistance from the Attorney General’s Office, as directed by the legislation The Legislature called for an annual report of the Committee’s recommendations. This is the eleventh annual report and summarizes the Committee’s work since the November 2017 report was submitted. 2 MEMBERS OF THE COMMITTEE The members are appointed to the Committee by the Governor, Legislature, Attorney General and State Auditor. The following individuals served on the Committee in 2018: • Chair, Michael E. Schwab, retired Yakima County Superior Court Judge • Former State Representative Lynn Kessler - Vice Chair • Senator Maralyn Chase (D) • Senator Mark Miloscia (R) • Representative Luanne Van Werven (R) • Representative Larry Springer (D) • Taylor (Tip) Wonhoff - Deputy Counsel to the Governor • Rowland Thompson, Executive Director, Allied Daily Newspapers of Washington • David Zeeck, Publisher, Tacoma News Tribune • Hon. Pete Holmes, Seattle City Attorney • • Kathy George, Attorney, Johnston George LLP • SaraJennifer Di Vittorio, Steele, Attorney Snohomish General’s County Office Public Public Records Records Deputy Counsel Prosecutor COMMITTEE PRACTICE AND PROCEDURE - 2018 The Committee held four meetings in 2018. Approved minutes of each meeting are available on the Committee’s website. The following is a summary of the work done by the Committee at each meeting. FEBRUARY 27, 2018 a. This was the first meeting of the year in 2018 and the Committee engaged in an opening discussion of its Schedule of Review of exemptions. Representatives of the Code Reviser’s Office were present, specifically the new Code Reviser Kathy Buchli, and her Deputy Pete Wogsland, assigned to the Sunshine Committee, to explain their office’s activity in identi- fying and reporting on the exemptions in Washington State law as well as legislative bill drafting services. The Sunshine Committee Schedule of Review currently contains 554 exemptions and serves as the basis for the Committee’s review process. b. A brief discussion ensued about the Sunshine Committee recommendation bills, HB 1160 and SB 5418, which were submitted and pending in the 2017 legislative session. A more lengthy discussion followed concerning SB 6617, which had been passed by the Legislature regarding the exemption of its own legislative records from disclosure. There was con- siderable concern expressed about the lack of public process used to pass the bill and the absence of judicial review and the powerful effort by the Legislature to shield its records. Following discussion, a motion was made and ultimately passed by a vote of seven mem- bers present, with one member abstaining, to request that the Governor veto the bill. c. In 2017, the Legislature enacted two new exemptions regarding wolf depredation and fish/ shellfish harvest. The Committee had previously received testimony and discussed these exemptions in its meetings in 2017, as well as the four exemptions in existence prior to 2017. After further discussion, a motion was made and passed by a vote of 7-1 to recom- mend that the four pre-2017 exemptions be maintained, since they seemed to represent sound public policy and the preservation of appropriate privacy interests. d. The agriculture and livestock category contains numerous exemptions which had been the subject of lengthy discussion and testimony during committee meetings in 2017. Two of those exemptions referred to as the CAFO exemptions, RCW 90.64.190 and RCW 42.56.610, are the subject of a fairly intense debate between environmental organizations and cattle industry groups. The environmental groups asked that the Sunshine Committee recom- mend repeal of these exemptions. Since the cattle industry representatives were not pres- ent, it was decided to continue this